Legal Question in Medical Leave in Illinois

Forced to take FMLA maternity leave

I am currently 33 weeks pregnant and have had several complications with my preganacy. I was just release from the hospital and bed rest by my doctor. I was told by my doctor to only work part time and my employer is telling me that if I don't work full time I will be forced to take the unpaid maternity leave under the FMLA early. Can they legally do that?


Asked on 12/26/06, 10:26 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Forced to take FMLA maternity leave

Generally, the FMLA permits a covered employee to take intermittent leave, that is leave of less than a full day for a covered condition. You may want to explore this option with your employer so that you are not unjustly forced to use more FMLA leave than you need.

If you have further questions, you can contact me at [email protected] or check out the Department of Labor's website, www.dol.gov.

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Answered on 12/26/06, 1:07 pm


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